Tenant improvement projects—restaurant build-outs, office renovations, retail upfits, medical suites, and similar work—create a familiar risk: you’re improving valuable real estate, but your contract (and your customer) is the tenant. If the tenant stops paying, a lien that only attaches to the tenant’s leasehold can be a weak remedy.
Florida’s Construction Lien Law specifically addresses this scenario in Fla. Stat. § 713.10 (liens for improvements made by a lessee). The key is understanding (1) what your lien attaches to by default, (2) when it can extend to the landlord’s interest, and (3) what notices and early steps protect your leverage before a payment dispute happens.
1) The starting point: your lien follows the interest of the party who contracted for the work
Under Florida lien law—and specifically in the tenant improvement context addressed by Fla. Stat. § 713.10—a construction lien generally extends only to the “right, title, and interest” of the person who contracts for the improvement. If the tenant is the one contracting, the lien typically attaches to the tenant’s leasehold interest.
Practical takeaway: If you do nothing to confirm the landlord’s exposure (and nothing gives you leverage beyond the leasehold), your “security” may be limited to a tenant’s interest that is often worth little in a foreclosure scenario—especially if the tenant is already in distress.
2) When can your lien reach the landlord/fee owner’s interest?
Fla. Stat. § 713.10 provides an important path for lienors: when the tenant’s improvement is made in accordance with an agreement between the tenant and the landlord, the lien can extend beyond the tenant’s leasehold and reach the landlord’s interest.
This is where tenant build-out projects become highly fact-dependent. In plain terms, you’re looking for lease/landlord facts showing the work was part of the deal between landlord and tenant—not a standalone tenant project.
Examples of facts that can support an argument that the work was “in accordance with” the lease arrangement:
- The lease requires the tenant to perform specific improvements (or a build-out) as a condition of the tenancy.
- The lease contemplates a specific use that necessarily requires improvements.
- The landlord provides a tenant improvement allowance or reimburses improvement costs.
- The landlord requires approval of plans, contractor selection, schedule, or materials—showing meaningful control.
- A written work letter, construction exhibit, or landlord approval reads like authorization for the improvement.
Practical takeaway: When the build-out is “baked into the lease deal,” § 713.10 can open a route to the fee interest. But contractors should assume the landlord will resist this and plan accordingly.
3) Landlords often try to block lien exposure—here’s how (and why contractors must check early)
Even if the project feels “landlord-approved,” § 713.10 gives landlords tools intended to protect the fee interest from tenant-contracted improvements.
A) Lease language prohibiting landlord liability (and tenant’s duty to disclose it)
If the lease expressly provides that the landlord’s interest is not subject to liens for tenant improvements, the statute places responsibility on the tenant to notify the contractor/lienor of that restriction. Where the tenant knowingly or willfully fails to do so, the tenant’s contract may be voidable at the lienor’s option.
B) Recording to “perfect” the landlord’s protection before the Notice of Commencement
Under § 713.10, a landlord may protect its interest if—before the Notice of Commencement is recorded—the landlord records:
- the lease (or a short form / memorandum containing the anti-lien language), or
- a statutory notice applicable to multiple leases on the parcel with required information (commonly used in multi-tenant properties).
Practical takeaway: Tenant build-outs should be treated as “records first” projects. Before you extend credit to a tenant, you want to know whether the landlord has already recorded documents designed to block liens against the fee interest.
4) A powerful contractor tool under Fla. Stat. § 713.10: written demand to the landlord for the lease anti-lien provision
Fla. Stat. § 713.10 gives contractors and other lienors a statutory pressure point: you may serve a written demand on the landlord for a verified copy of the lease provision that prohibits the landlord’s liability for liens arising from tenant improvements.
If the landlord fails to provide the verified copy within 30 days, or provides a false or fraudulent copy, then—under § 713.10—the landlord’s interest can become subject to the lien (so long as you otherwise comply with Chapter 713’s lien requirements and you did not already have actual notice that the landlord properly insulated its interest).
Why this matters: A timely § 713.10 demand forces clarity early. If the landlord produces the verified lease provision, you know your lien leverage is likely limited to the tenant’s leasehold interest and you can adjust payment security immediately. If the landlord does not comply, § 713.10 can strengthen your ability to pursue the fee owner’s interest.
5) The contractor’s protection checklist for tenant improvement projects
Tenant build-outs are not the time to “figure lien rights out later.” Here is the practical playbook contractors use to protect payment rights:
Step 1 — Identify both “owners”: tenant (leasehold) and fee owner (landlord)
Florida’s Notice of Commencement framework recognizes that a lessee can be an “owner” for lien purposes when contracting for improvements, but the fee titleholder matters for notice strategy, leverage, and later enforcement steps.
Do this early:
- Obtain and review the recorded Notice of Commencement (if one exists).
- Confirm it identifies the parties accurately and includes the information you need for notices.
Step 2 — Check the public records for landlord “anti-lien” recordings
Before extending credit, look for:
- a recorded lease or memorandum containing anti-lien language, and/or
- a recorded statutory notice applicable to multiple leases on the parcel.
If these are recorded in the right form and at the right time, they may significantly limit lien leverage against the landlord’s interest.
Step 3 — If the landlord appears insulated, build payment security into the deal
If the records show the landlord has protected itself, treat the job like a higher-risk receivable:
- larger deposit / front-loaded payment schedule,
- personal guaranty or additional security from tenant principals,
- tighter stop-work rights for nonpayment,
- progress payments tied to milestones,
- joint check arrangements (where feasible),
- lien waivers exchanged only on cleared funds.
Step 4 — If landlord exposure might matter, use the § 713.10 written demand
If you need confirmation of whether the landlord is protected (or you suspect the landlord has not properly recorded what § 713.10 requires), consider serving the § 713.10 written demand early enough that it affects decision-making—before you become a large unsecured creditor.
Step 5 — Preserve lien rights with your standard statutory deadlines (don’t miss the easy ones)
Even on tenant work, the ordinary lien deadlines apply. Missing them can eliminate your rights regardless of the merits.
Common deadlines include:
- Notice to Owner (NTO) (for lienors not in privity with the owner): generally served before beginning or within 45 days of first furnishing labor/services/materials (subject to statutory requirements and exceptions).
- Claim of Lien: generally recorded no later than 90 days after final furnishing.
- Lien foreclosure lawsuit: generally must be filed within 1 year after recording the Claim of Lien (subject to shortening mechanisms such as a Notice of Contest).
Tip for tenant jobs: When you may later need leverage against the fee interest, your notice strategy should be conservative and deadline-driven. Getting the “who” and “when” wrong is how lien rights get lost.
6) Why a leasehold lien is often not enough (and why these steps matter)
Foreclosing a leasehold lien can mean stepping into the tenant’s shoes—potentially including ongoing rent obligations and lease terms—and acquiring an interest that may have little resale value. That is why tenant build-outs require front-end diligence: you want to know whether your lien leverage may reach the fee interest under § 713.10, and you want your contract and payment structure to match that reality.
In short: tenant improvement work can be profitable, but it should never be treated like an unsecured credit sale without confirming how Fla. Stat. § 713.10 applies to the landlord’s interest.
Need help protecting lien rights on a tenant build-out?
Tenant improvement projects are where small paperwork mistakes become big leverage losses. If you want help:
- reviewing the lease/landlord documents for § 713.10 exposure,
- identifying the correct parties for notices and demands,
- serving Notices to Owner properly and on time, and/or
- recording and enforcing a Claim of Lien,
our office handles Florida lien strategy and lien foreclosure matters for contractors and construction businesses.
Educational content only; not legal advice. Lien rights are fact-specific and deadline-driven.